The issue of Massachusetts real estate easement rights commonly arises in situations involving beach access and pathways to the shore. This issue was the source of the dispute in an August 16, 2019 case decided by the Massachusetts Land Court on summary judgment. The question for the court was whether the…
A restrictive covenant is a binding legal obligation that relates to the use of the land. Typically, restrictive covenants are written into the real estate deed to the property. In some situations, a plaintiff may sue to enforce a covenant against the owner of property subject to a restrictive covenant,…
Massachusetts easement rights are often a source of contention between neighboring property owners. If a property owner files an action for a declaratory judgment, the court may issue a decision setting forth the easement rights of the respective property owners, as in a July 26, 2019 case. The plaintiff in the case brought…
For many owners of residential beach homes in Massachusetts, their ocean view is an important and enjoyable part of their property. In order to make certain changes to the home, therefore, local zoning laws generally require a special permit or variance. In a July 12, 2019 Massachusetts real estate case,…
Local zoning regulations generally promote the safety and general welfare of the community, while also encouraging the most appropriate use of the land. In a July 11, 2019 Massachusetts real estate case, the plaintiffs sought to overturn a decision by the local planning board that waived the requirements of a…
Massachusetts property transfers involve legal considerations that, if not taken into account, may have unintended consequences. A July 3, 2019 case before the Appeals Court of Massachusetts illustrates how some of these issues may arise. The case centered around the parties’ oral agreement for the purchase and sale of a…
In Massachusetts, land owners may file a petition in Land Court to determine the validity of, or the extent to which, a zoning bylaw or land use ordinance may affect the use, improvement, or development of their land. In a July 1, 2019 Massachusetts real estate case, the plaintiff brought…
In Massachusetts, there are two systems of tracking property title records. Recorded land makes up the majority of property title record keeping, while a smaller percentage of properties in Massachusetts are governed by the registered land system. Massachusetts guarantees title to registered land and as such, the requirements to register land…
Constructing a dwelling on a vacant lot usually involves some legal considerations, as well as approval from the local Massachusetts zoning authority. Individuals who are denied a building permit may appeal to ensure that the matter was correctly decided under the law. In a June 3, 2019 Massachusetts property case,…
In many adverse possession cases, the plaintiffs’ claim to property arises from a long-held, yet mistaken, belief that they own the land at issue. This situation was presented in a May 28, 2019 Massachusetts real estate case before the Land Court. The plaintiffs in the case filed an action against…